Seeking a Modification to Child Support Orders
Providing a child support plan is an important requirement in divorce. It is different from child custody, parental time and spouse maintenance plans, which also need to be fulfilled. These documental and legal proceedings are covered under the Illinois Marriage and Dissolution of Marriage Act that requires all formalities to be completed before a divorce agreement is signed.
For child support modifications to take place, both parents need to provide evidence regarding why modifications are sought. Modification should be in the best interest of the child and provide for both current and future needs as agreed in the divorce agreements.
Seeking Child Support Modifications
In accordance with the Illinois Department for Healthcare and Family Services Child Support Services, it is possible to seek modifications every three years, or if there are significant changes of circumstances in either the needs of a child, or the parent paying for child support. Many parents who have more than one child support plan, or those who wish to file a child support plan with a different jurisdiction, will seek possible modifications. Apart from the official child support services, a modification can also be sought if the child support plan is temporary and subject to change over time. However, to seek modifications services, a family law or child support attorney should be sought who will present the case for modification or lowering of plan.
The parent should know that only child support payment plans can be modified. Child visitation, monetary and custody issues cannot be modified.
Documentation for Modifications
A modification request can only be filled with supporting documents, which correspond with the change of circumstances. Some important documents that need to be presented include:
- A Certification of Income and Expenses form (HFS 2782),
- Petition for Modification of Child Support,
- Child Support Information Sheet,
- Application for Waiver of Court Fees if needed.
At times, a parent might file for Supplementary Security Income (SSI) or Social Security Disability Insurance (SSDI) because they had a medical condition, resulting in a disability. Considering these federal programs provide limited support, a parent might seek modification because they don’t have enough income to support a child support plan, or the program doesn’t allow for any such payments.
If you wish to get more information on child support plans and other family law related matters, schedule a consultation with an experienced family law lawyer, contact Cesario & Walker at (630) 920-8800.